Contracts
In Illinois, a real estate contract that provides for the payment of 'reasonable attorney fees' to the prevailing party in litigation:
AIs void because fee-shifting provisions are illegal in Illinois
BIs enforceable and allows a prevailing party to recover attorney fees from the losing party✓ Correct
COnly applies to the buyer, not the seller
DRequires IDFPR approval before it can be enforced
Explanation
Illinois generally follows the 'American rule' that each party pays their own attorney fees, but parties may contractually agree to fee-shifting provisions in their contract. Such provisions are enforceable in Illinois, and the prevailing party in litigation may recover reasonable attorney fees if the contract so provides.
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